Page No.# 1/5 GAHC010097482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2512/2025 DEEPMONI HAZARIKA ALIAS DEEPMONI BORA HAZARIKA W/O LT DIPAK BORAH R/O MAYENG NARAH PATH WARD NO 3 PO AND PS DHEMAJI DIST DHEMAJI PIN 787057 ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY THE CHIEF SECRETARY CUM CHARIMAN STATE LEVEL COMMITTEE GOVT OF ASSAM DISPUR GUWAHATI 6 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PERSONNEL (B) DEPTT DISPUR GUWAHATI 6 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM IRRIGATION DEPTT ASSAM DISPUR GHY 6 4:THE CHIEF ENGNEER IRRIGATION DEPTT CHANDMARI GUWAHATI 3 ASSAM PIN 781003 5:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM PUBLIC WORKS ROADS DEPTT ASSAM DISPUR GUWAHATI 6 6:THE CHIEF ENGINEER PUBLIC WORKS ROADS DEPTT CHANDMARI GUWAHATI 3 ASSA Advocate for the Petitioner : MR. M K NEOG, MR. S K SINGHA Advocate for the Respondent : SC, PWD ROAD, SC, IRRIGATION,GA, ASSAM Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 16.10.2025 Heard Mr. M.K. Neog, learned counsel for the petitioner; Mr. J.K. Goswami, learned Senior Government Advocate for the respondent Nos. 1 & 2; Mr. N. Upadhayay, learned standing counsel for the Irrigation Department, being respondent Nos. 3 & 4; and Ms. S. Sarma, learned standing counsel for the PWD, being respondent Nos. 5 & 6. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has:- (i) Challenged the Office Memorandum (OM hereinafter) dated 18.09.2024, issued by the Commissioner and Secretary to the Government of Assam in the Personnel (B) Department, Dispur, Guwahati; (ii) Prayed for issuing direction to the respondent authorities not to give effect to the said OM dated 18.09.2024; (iii) Also prayed for issuing direction to the respondent authorities to constitute a State Level Committee (SLC hereinafter) to consider her case for compassionate appointment in any Grade – III post as recommended by the District Level Committee (DLC hereinafter), vide its minutes of the meeting dated 03.11.2023 and 12.03.2024. 3. Mr. Neog, learned counsel for the petitioner submits that late Dipak Borah, the husband of the petitioner was serving as Deputy Account Officer, under the office of the Executive Engineer, Dhemaji Irrigation Division, Dhemaji and due to illness, he died on 24.10.2009, leaving behind the present petitioner, being his Page No.# 3/5 wife and one son. After his death, being eligible, on 24.12.2009, the petitioner had applied for being appointed on compassionate ground in any post under the respondents’ establishment by submitting application before the respondent No. 4. 3.1. Mr. Neog further submits that as the said application failed to evoke any response, the petitioner had filed a writ petition, being W.P.(C) No. 2202/2023, for consideration of her case and the same was disposed of by a Co-ordinate Bench of this Court, vide order dated 15.09.2023, by directing the respondent authorities to place her case before the concerned DLC. Thereafter, the matter was placed before the DLC and the DLC, vide its meeting dated 03.11.2023 and 12.03.2024, had recommended the name of the petitioner and forwarded the same to the Commissioner and Special Secretary to the Government of Assam in the Public Works Roads Department, for placing the same before the SLC Meeting. But, same has not yet been placed before the SLC on account of OM dated 18.09.2024, issued by the Commissioner and Secretary to the Government of Assam in the Personnel (B) Department. 3.2. Further submission of Mr. Neog is that before the said OM, dated 18.09.2024, came to be issued, this Court, vide order dated 15.09.2023, in W.P. (C) No. 2202/2023, had directed the respondent authorities to place the matter of the present petitioner before the DLC and thereafter, the same has to be placed before the SLC. 3.3. Mr. Neog also submits that in view of the SOP issued by the respondent authorities, the petitioner has also submitted her application for placing her case before the SLC. 3.4. Referring to a decision of this Court in the case of Pulakesh Gogoi vs. Page No.# 4/5 State of Assam and Others, in W.P.(C) No. 2070/2025, Mr. Neog submits that in the said case, this Court was pleased to direct the respondent authorities to place the matter of the petitioner therein before the SLC for consideration, in view of the order dated 03.04.2025, passed in W.P.(C) No. 342/2025. 4. Per-contra, Mr. Goswami, learned Senior Government Advocate, for the respondent Nos. 1 & 2, submits that he has received written instructions and as per the said instructions, in compliance of the order dated 03.04.2025, passed by this Court in W.P.(C) No. 342/2025, the Government has issued an SOP inviting the petitioners who have challenged the OM dated 18.09.2024, including the similar cases, which have been disposed of by this Court by citing the judgment and order dated 03.04.2025, passed in W.P.(C) No. 342/2025. It is also stated that the copy of the SOP has been circulated in all the Administrative Departments for taking necessary actions following the guidelines as mentioned in the SOP. 4.1. Mr. Goswami further submits that if the present petitioner has filed her application in terms of the said SOP, then the matter will be placed before the SLC. 5. On the other hand, Mr. N. Upadhayay, learned standing counsel for the Irrigation Department, being respondent Nos. 3 & 4, has adopted the submission so advanced by Mr. Goswami, learned Senior Government Advocate for the respondent Nos. 1 & 2. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the decisions referred by the learned counsel for the petitioner and also perused the minutes of the meeting of the DLC dated Page No.# 5/5 03.11.2023 and 12.03.2024. 7. It appears that the DLC had recommended the name of the petitioner for being appointed on compassionate ground against the available vacant Grade – III post in the office of the Executive Engineer, PWRD, Jonai Territorial Road Division, Silapathar as per vacancy position submitted by the Department. It also appears that the DLC had considered the said matter in compliance of the order, being passed by this Court in W.P.(C) No. 2202/2023, vide order dated 15.09.2023. 8. Since, in view of the order dated 15.09.2023, passed in W.P.(C) No. 2202/2023, the DLC had recommended the name of the petitioner for being appointed on compassionate ground by the SLC, now the State respondents shall place the matter of the petitioner before the SLC, so as to take it to a logical conclusion. 9. Accordingly, with above direction and observation, this writ petition stands disposed of. 10. The aforesaid exercise has to be carried out within a period of 3 (three) months from the date of receipt of the certified copy of this order. 11. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a period of 1 (one) week from today. JUDGE Comparing Assistant